at no expense in consequence of the authorized substitution of one individual for another in the draft. The party who desires to avail himself of the benefit of the privilege conferred by the law is properly and justly required to compensate the substitute.
Such being the provision of the law of 1864 on the subject of 'substitutes" furnished in anticipation of a draft, the law of March 3, 1865, provides (in its twenty-third section) as follows:
That any person or persons enrolled in any sub-district may, after notice of a draft and before the same shall have taken place, cause to be mastered into the service of the United States such number of recruits, not subject to draft,as they may deem expedient, which recruits shall stand to the credit of the persons thus causing them to be mustered in, and shall be taken as substitutes for such persons, or so many of them as may be drafted, to be extent of the number of such recruits, and in the order designated by the principals at the time such recruits are thus as aforesaid mustered in.
It is clear that enactment provides for quite another case than that contemplated by the provision to which I have been adverting in the stature of 1864, and confers upon fan enrolled person a privilege entirely distinct form that given to him by that stature, of which he may avail himself at his opinion, in preference to the privilege conferred by the act of 1864.
Under the provision of the twenty-third section of the act of 3rd March, 1865, he may, in advance of a draft, "cause to be mustered into the service" a "recruit not subject to draft," which "recruit" will 'stand to the credit" of the enrolled person causing him to be mustered in, in the event of the principal being drafted, and be taken, on the happening of that contingency, as a substitute for such principal. But the "credit" shall avoid him only for the particular draft in advance and anticipation of which he may have secured the "recruit."
There is no provision in the act of 1865 that the person furnishing a recruit under the twenty-third section shall be "exempt from draft" during the time for which the recruit may have been accepted and enlisted. But the only benefit which a person so furnishing a recruit derives under the act of 1865 is the securing, in the event of his being drafted, of a credit on the particular draft in anticipation of which the recruit may have been furnished. The recruit may be mustered into the service for three years, and yet, as a substitute, he can only avail the person who caused him to be mustered in for an with respect to the only draft before, and in anticipation of which, he was obtained. The liability of the principal to be drafted at any other drafts occurring after the muster in of the recruit, and during the term of his service, is not at all affected. There is manifestly, therefore, no conduct between the respective sections of the acts of 1864 and 1865 to which you have called my attention. One does not impinge upon nor even cross the path of the other. They give different and distinct rights and privileges to the citizen liable to draft. He has the alternative course to pursue before any draft, either to buy a substitute and secure him to be mastered in, and thus obtain exemption from the draft during the entire term of enlistment of the substitute if the latter be so long not liable to draft, or he may procure for the Government a recruit not liable to draft, and obtain credit for such recruit in case he should be drafted, subjecting himself, however, to the liability of being compelled to report the operation at every succeeding draft that may be ordered by the President.
Chiefly, I suppose, the design of the provision of the act of 1865, under consideration, was to offer inducement and present a stimulus